Insight

Domestic vs. International Adoption

Which one is right for you?

Adoption
Jennifer Fairfax

Jennifer Fairfax

June 30, 2016 12:00 AM

A domestic adoption is controlled by laws in the United States, while international adoption is controlled by the laws of the child’s country of origin. While seemingly straightforward, the differences can be overwhelming. Accordingly, it is helpful to first understand the conditions for each, recognizing that adoptive family demographics play a role in the process. Internationally, countries set requirements for adoption around age, body mass index, marital history, and mental health history. Thus, if the adoptive parent(s) does/do not meet the requirements, they would not be able to proceed. Domestically, other than barrier crimes or something indicating that the family is not prepared to adopt or parent a child, there are few things that can prohibit a family from seeking to adopt a child.

Adoption is a wonderful way to build a family, and starting with a solid knowledge foundation is vital.

There are predictable timelines and expectations for international adoption. While home studies are conducted for both types, the process deviates considerably once the study is completed. With an international adoption, the family is placed on a traditional “waiting list,” and the adoption is put into motion once the family reaches the top of the list. With a domestic adoption, there are no traditional waiting lists. Rather, families create profiles, network, and market themselves (either privately or with an agency), in hopes of being selected by a birth parent. The family, with the help of an attorney or agency, must navigate the different laws of each state involved. As examples, some states prohibit advertising or prohibit private adoption; other states allow biological parents weeks after placement to change their minds, while others only give hours or days. Adoptive parents can adopt in months or years, depending on their profiles, marketing, and outreach, so the timing for a domestic adoption is unpredictable.

The age and information about the child being adopted is another factor to consider. With an international adoption, the child to be adopted is most likely an older infant or toddler versus a newborn with a domestic adoption. In most domestic adoptions, the biological parent(s) provide a written social and medical history that goes back generations. Additionally, the prenatal and delivery records are available to the adoptive parents. In contrast, an international adoption usually does not provide social or medical history on the child, although current medical tests and evaluations are provided.

Adoptive parents can adopt in months or years, depending on their profiles, marketing, and outreach, so the timing for a domestic adoption is unpredictable.

Another key difference is the relationship with the child’s biological parents. In an international adoption, it is unlikely the adoptive parents will meet the child’s biological relatives; although, they may have an ongoing obligation through their agency to send an update to the child’s country of origin. Comparatively, most domestic adoptive parents meet the child’s biological parent(s), whether in person or over the phone. They may also have a post-adoption contact agreement allowing for pictures, letters, and updates as the child grows up. This involved relationship is in stark contrast to international adoption, so the legal landscape is different. Domestically, a family must be prepared to negotiate with the biological parent(s). The adoptive parent(s) must then abide by the terms of the agreement, often enforceable by a court.

There are many important differences on the path to parenthood through adoption. Learning about all the implications of the path chosen is a critical first step. Adoptive parents should meet with experienced professionals to get the facts and learn nuances about each avenue, and to understand what the road ahead will look like. Adoption is a wonderful way to build a family, and starting with a solid knowledge foundation is vital.

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky